Patna High Court
Barun Yadav @ Barun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners are entitled to pre‑arrest bail as they have made out a prima facie case and possess a clean antecedent.
Summary
Barun Yadav and Ranjeet Yadav applied for pre‑arrest bail in a case registered under multiple sections of the BNS for alleged extortion and assault causing grievous injuries. The FIR alleged that they demanded Rs 50,000 from the informant's husband and, upon refusal, assaulted him with intent to kill. The court noted an independent witness statement indicating a mutual fight and a counter‑FIR filed by the petitioners, suggesting the injuries may have arisen in self‑defence. The petitioners were found to have a clean antecedent and no other pending cases were disclosed. Considering the prima facie case and the possibility of self‑defence, the court directed that the petitioners be released on pre‑arrest bail subject to a bond and verification of antecedents by the district court.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the offences alleged.
- Whether the facts disclosed establish a prima facie case for bail.
- Whether the claim of self‑defence and clean antecedent justify bail.
Subjects
- pre‑arrest bail
- extortion
- assault
- grievous injury
- self‑defence
- clean antecedent
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2519 of 2026
Arising Out of PS. Case No.-519 Year-2024 Thana- RAJAON District- Banka
======================================================
1. Barun Yadav @ Barun Kumar, aged about 25 years (Male) S/O Late Boki
Yadav
2. Ranjeet Yadav @ Ranjit Kumar, aged about 28 years (Male) S/O Late Boki
Yadav. Both resident of village- Chakroshan, P.S.- Rajoun, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 01-04-2026 No one appears on behalf of the petitioners. Mr.
Gauri Shankar Gupta, learned A.P.P. for the State is present.
2. The petitioners seek pre-arrest bail in connection
with Rajoun P.S. Case No. 519 of 2024, registered for the
offence punishable under Sections 126(2), 115(2), 303(2), 109,
74, 117(2), 352, 351(2)(3) and 3(5) of the BNS.
3. As per the allegation made in the FIR, the
petitioners are stated to have demanded a sum of Rs. 50,000/-
from the husband of the informant as extortion money and upon
his refusal to pay the said amount, the petitioners had allegedly
assaulted him, causing grievous injuries with an intention to kill.
4. I have perused the allegation made in the FIR, as
Patna High Court CR. MISC. No.2519 of 2026(4) dt.01-04-2026
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well as, the case diary. In paragraph no. 30 of the case diary, one
independent witness, namely, Lalu Kumar, has given statement
before the Investigating Officer that she goat of the informant
was grazing the crop in the field of the petitioners and both the
parties engaged into hot exchange of words and at the heat of
the moment, the petitioners side and informant side indulged in
free fight causing injury to each other. There is case and counter
case between the parties arising out of the same incidence.
Subsequent to the present FIR Rajoun P.S. Case No. 519 of
2024, the petitioners' side had also lodged FIR bearing Rajoun
P.S. Case No. 520 of 2024 against the informant side for causing
grievous injury. The injury sustained by the husband of the
informant has been opined by the doctor to be grievous in nature
and on the vital part of the body, however, I find that the same
may have been caused by the petitioners in their self defence.
Petitioners have clean antecedent. I am of the opinion that
petitioners have, prima facie, made out a case to be released on
pre-arrest bail.
5. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.2519 of 2026(4) dt.01-04-2026
3/3
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
where the case is pending, in connection with Rajoun P.S. Case
No. 519 of 2024, subject to the condition as laid down under
Section 482(2) of the BNSS.
6. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
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